Green v. Commissioner of Social Security Administration

Filing 14

ORDER granting 13 Motion to Remand Pursuant to Sentence Four of 42 U.S.C. Section 405(g). Signed by Magistrate Judge Shiva V. Hodges on 02/21/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Michael Green,
Plaintiff,
vs.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.

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C/A No.: 1:13-1897-DCN-SVH

ORDER

Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security

(“Commissioner”), by her attorneys, William N. Nettles, United States Attorney for the
District of South Carolina, and Barbara M. Bowens, Assistant United States Attorney for
said district, has moved this court, pursuant to 42 U.S.C. § 405(g), to enter a judgment
with an order of reversal with remand of the cause to the Commissioner for further
administrative proceedings. [Entry #13]. The motion represents that Plaintiff’s counsel,
Eugene Powell, Jr., consents to the motion. Id.
By order of the court, this case is remanded to the Appeals Council. The Appeals
Council will direct the Administrative Law Judge (“ALJ”) to further consider Plaintiff’s
residual functional capacity and, in so doing, to evaluate and discuss a new and material
opinion from treating psychologist Linda Jenness-McClellan, Ph.D., as well as decisions
on disability by the Department of Veterans’ Affairs contained in the record. The
Appeals Council will further instruct the ALJ that, if warranted by the expanded record,

she must obtain supplemental vocational expert evidence concerning the existence of jobs
in significant numbers in the national economy that Plaintiff can perform.
Pursuant to the power of this court to enter a judgment affirming, modifying, or
reversing the Commissioner’s decision with remand in Social Security actions under
sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for
remand of this action for further proceedings, this court hereby reverses the
Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a remand of the
cause to the Commissioner for further administrative proceedings as set out above. See
Shalala v. Schaefer, 509 U.S. 292 (1993). The Clerk of Court is directed to enter a
separate judgment pursuant to the Fed. R. Civ. P. 58.
IT IS SO ORDERED.

February 21, 2014
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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